In a case that makes it clear that Texas judges are permitted to testify in attorney discipline cases, the Texas Supreme Court decided on Friday that it was wrong for an appellate court to overturn an attorney’s disbarment because of a judge’s testimony, Texas Lawyer reported. In Commission for Lawyer Discipline v. Cantu, McAllen, Texas-based attorney Mark Cantu was disbarred, but an appellate court reversed because in the trial a federal bankruptcy judge had testified about overseeing Cantu’s personal bankruptcy proceedings. The high court overruled that decision, however, and sent it back to McAllen’s Thirteenth Court of Appeals. According to the per curiam opinion, Cantu’s conduct in his bankruptcy brought the disciplinary action, which was reported by Judge Marvin Isgur, who had denied Cantu a debt discharge because of the attorney’s misconduct. In a 72-page opinion that explained his ruling, the judge also decided that his ethical obligations required him to report Cantu to the State Bar of Texas. The Commission for Lawyer Discipline in the resulting disciplinary case maintained that Cantu broke a disciplinary rule that prohibits attorneys from taking positions that increase the costs or burdens of the case, or delay the resolution of the case. It alleged Cantu violated other rules that prohibit lawyers from knowingly making false statements to courts, or knowingly entering false evidence. Among other things, the commission also claimed Cantu violated a rule that prohibits attorneys from knowingly disobeying a standing rule or ruling by a court.
